1) My son who turned 14 this year is a gc holder. Does he need to go for the biometrics to register. I am asking this question, since the government page talks about visa only.
2) One of my relatives went out country has valid green card and overstayed beyond 6 months and he was able to come back fortunately. However, he is skeptical to visit out of country now due to his previous overstay. Do you think he can visit ? He has valid gc.
I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
241–250 of 486 posts
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#242Earlier quoted context omitted.
If you you are illegally in just about any country, being there without authorization is basis for deportation. No one is being denied due process. Moreover, you can be denied entry at ports of entry to any country for any reason by customs officials -even with a valid visa. They do not need to offer "due process."
Mr. Abrego Garcia was declared by a court to not be deportable to El Salvador, yet he was. That is not due process.
He’s a Salvadoran citizen illegally in the US. He gets deported. If you get into Canada or Mexico illegally, barring bribery, you will get deported. No due process is owed you.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#243Earlier quoted context omitted.
Hi, I just spent 2 months interviewing and hiring candidates for 4 open (remote) eng positions at a US startup. Answering "Yes" to 1 when you don't have a green card or US citizenship would be a way to guarantee that I would rescind your offer and make a mental note to never trust you. I don't think you should do that. We actually hired some Canadian talent -- we just used an EOR in Canada. The EOR cost us about $600…
If those are remote positions, why do you care about any of this at all? Make it clear that the applicant needs to handle taxation in their home country themselves, and that’s that. I know many software engineers working remotely for companies outside their home country. One would typically set up an LLC or equivalent, and be employed by that. Any options agreement would be with the private individual to not mess up…
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Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#244Hi Peter, thanks for doing this AMA. I am traveling to the US soon for work from Europe. I have been reading a lot of articles about detentions at US airports and phone checks. My mindset has always been to never give my personal phone for an inspection, but times has changed now and it has been happening a lot more frequently. I am wondering what is the best course of action, prior to travel and if asked to give you…
Given the very real risks involved, can't your employer waive the travel requirement for the next few years?
Culture and society are a road, a path.
What if the current path means a permanent shift. What if this administration seems friendly compared to the next?
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#245I am currently a dutch citizen. I'm also a founder of a startup that has raised around 2.5 million USD. The company is delaware based. What is the best option i have? Is E2 an option?
How does a dutchman mingle around with local investors... and what series?
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#246Earlier quoted context omitted.
> Answering "Yes" to 1 when you don't have a green card or US citizenship would be a way to guarantee that I would rescind your offer and make a mental note to never trust you. I wouldn't trust you either. The question is ambiguous when it comes to NAFTA and applicants are worried about being filtered out despite not needing visa sponsorship. TN is not a visa it's a status based on a free trade agreement.
Ugh, arguing over the simple meaning of factual statements on the Internet is my biggest pet peeve. If you don't have an appropriate work visa, permanent residency or citizenship, and you answer yes to the question of "Are you legally authorized to work in the US", you are just a liar, plain and simple.
> If you don't have an appropriate work visa, permanent residency or citizenship
Well, TN is none of those, and here I am authorized to work legally. If I apply for another job elsewhere, the honest answer to this question is yes, despite the fact that I will be required to get a new TN.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#247Earlier quoted context omitted.
> Answering "Yes" to 1 when you don't have a green card or US citizenship would be a way to guarantee that I would rescind your offer and make a mental note to never trust you. I wouldn't trust you either. The question is ambiguous when it comes to NAFTA and applicants are worried about being filtered out despite not needing visa sponsorship. TN is not a visa it's a status based on a free trade agreement.
Ugh, arguing over the simple meaning of factual statements on the Internet is my biggest pet peeve. If you don't have an appropriate work visa, permanent residency or citizenship, and you answer yes to the question of "Are you legally authorized to work in the US", you are just a liar, plain and simple.
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Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#248Earlier quoted context omitted.
Legally, the correct answers are No and Yes.
Can you expand on that? TN does not require sponsorship even though most companies do agree to pay an immigration firm to help the applicant.
I think It's not sponsorship in terms of what you hear about for h1b. But if you need a "Job Offer" before getting a TN (as someone upthread mentioned) that itself is a form of sponsorship, since you still need something from that company before you can work.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#249For O-1s filed by startups, what are the most common weak points USCIS flags now? Are you seeing more RFEs around equity or funding documentation?
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#250[flagged]